Rear End Collisions & No Fault in NY By Car Accident Lawyer


This time of year, a lot of people are on the roads going to places that are not familiar to see family and friends or attend special gatherings.  This travel is happening at a time in New York when it gets dark earlier, on potentially rainy days where there are still some wet leaves on the road, and the cold weather can lead to snowy or icy road conditions.  While this is a joyous time for many, having so many people on the roads can lead to a rise in car accidents including rear-end collisions.    

Many people think that rear-end collisions are automatically the fault of the driver in the rear of the accident.  While this is most often the case, there are a variety of factors that can mean that the front driver has a responsibility too.  

New York is a “no-fault” state which means that in most car accident cases each driver’s insurance policy will cover the medical bills and expenses regardless of who is at fault in the accident.  However, in certain situations such as when severe injuries are present, claims can be made outside of the no-fault system.  In these situations, New York law will consider each driver’s comparative amount of fault when determining how much money should be awarded as part of a claim.  For example, if damages to the plaintiff amounted to $100,000 but the plaintiff was determined to be 25% comparatively at fault for the accident, the defendant would only be liable for $75,000 in damages.


In a rear-end collision, factors that would attribute more fault to the rear driver are likely to be:

  • Driving in excess of the speed limit,
  • Intoxication,
  • Not paying attention (i.e. texting while driving) 
  • Following too closely to the car ahead of them.


However, there are a variety of factors that can attribute some of the comparative faults to the driver in the front.  For example:

  • Slowing or stopping to turn and then re-entering the lane of traffic, and 
  • Having broken brake lights or taillights.


Before taking road trips this holiday season there are steps to take that you can do to keep safe:

  • Make sure your car and tires and safe for winter driving,
  • Check your taillights and brake lights,
  • Give yourself plenty of time for the journey,
  • Don’t drive while you are tired or intoxicated,
  • Check the route before you start driving to familiarize yourself, and 
  • Make sure your defroster and window wipers work.


This article is for educational purposes only – to provide you with general information, not to provide specific legal advice.  Use of this post does not create an attorney-client relationship and information contained herein should not be used as a substitute for competent legal advice from a licensed attorney in your state.  

If you experienced a rear-end collision or car accident in New York contact our Queens personal injury law firm today for a free consultation.


Personal Injury Accident Firm Of Queens 141-24 Jewel Ave Fl 2 Flushing, NY 11367 (718) 682-3480

Posted in Personal Injury Law.

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